Lease provisions; generally.

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Cross References

Civil relief for state military forces, see chapter 657D.

Disposition of state boating facility properties, see §200-2.5.

§171-35 Lease provisions; generally. Every lease issued by the board of land and natural resources shall contain:

(1) The specific use or uses to which the land is to be employed;

(2) The improvements required; provided that a minimum reasonable time be allowed for the completion of the improvements;

(3) Restrictions against alienation as set forth in section 171-36;

(4) The rent, as established by the board or at public auction, which shall be payable not more than one year in advance, in monthly, quarterly, semiannual, or annual payments;

(5) Where applicable, adequate protection of forests, watershed areas, game management areas, wildlife sanctuaries, and public hunting areas, reservation of rights-of-way and access to other public lands, public hunting areas, game management areas, or public beaches, and prevention of nuisance and waste; and

(6) Such other terms and conditions as the board deems advisable to more nearly effectuate the purposes of the state constitution and of this chapter. [L 1962, c 32, pt of §2; am L 1965, c 239, §17; Supp, §103A-35; HRS §171-35; am L 1981, c 116, §6; am L 1989, c 253, §1]

Attorney General Opinions

Land board may require compliance with county ordinances except planning and zoning laws. Att. Gen. Op. 86-3.

Law Journals and Reviews

Beach Access: A Public Right? 23 HBJ 65.

Case Notes

Cited: 53 H. 567, 498 P.2d 631.


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